Research Article
Public Services, Ombudsman, and State Law-Democracy: Political and Organizational Analysis
@INPROCEEDINGS{10.4108/eai.15-9-2021.2315240, author={Tatang Sudrajat and Nurhaeni Sikki and Umi Rahmawati and Fitra Nurhakim}, title={Public Services, Ombudsman, and State Law-Democracy: Political and Organizational Analysis}, proceedings={Proceedings of the Third International Conference Administration Science, ICAS 2021, September 15 2021, Bandung, Indonesia}, publisher={EAI}, proceedings_a={ICAS}, year={2022}, month={1}, keywords={legal-democracy state public service ombudsman politics organization}, doi={10.4108/eai.15-9-2021.2315240} }- Tatang Sudrajat
Nurhaeni Sikki
Umi Rahmawati
Fitra Nurhakim
Year: 2022
Public Services, Ombudsman, and State Law-Democracy: Political and Organizational Analysis
ICAS
EAI
DOI: 10.4108/eai.15-9-2021.2315240
Abstract
The establishment of the Ombudsman with Law No. 37 of 2008 and the establishment of Law No. 25 of 2009 on Public Services are important milestones for Indonesia as a legal-democracy state. The regulation on the organizational dimensions of the Ombudsman in the law is inadequate. With normative juridical methods and literature, it is clear that the Ombudsman of the Republic of Indonesia as an independent state institution, does not have organic relations with state institutions and other government agencies, but is politically less than optimal in carrying out its functions, duties and authorities. The establishment of an Ombudsman representative at the provincial and/or district/city level according to Article 5 paragraph (2) and Article 43 paragraph (1) of Law Number 37 of 2008 is not an imperative. However, according to Article 46 paragraph (3) of Law Number 25 of 2009, the Ombudsman is obliged to form representatives in the regions to support their duties and functions in public services. Not all organizational dimensions are regulated in the two laws. Politically, not mentioning the nine members of the Ombudsman as state officials has the potential to reduce the weight of their institutions as state institutions. It is necessary to improve the regulation of several organizational dimensions for institutional strengthening within the framework of a legal-democracy state.